Police, The Fourth Amendment, Qualified Immunity

Johannes Mehserle, 4 other BART officers cleared

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Johannes Mehserle, 4 other BART officers cleared.

Carrethers’ attorney, Christopher Dolan, said Thursday that a crucial difference between the two cases was video evidence – jurors in the Grant case saw other passengers’ cell-phone videos of the shooting, but neither side in Carrethers’ case offered any evidence from bystanders, and BART did not preserve videos from a camera at the station.

“Had a video been there (for Carrethers), justice would have been served,” Dolan told reporters.

Mehserle testified that he saw no need to obtain videos or contact passers-by because the officers and two station agents all agreed on what had happened. BART now requires its officers to get videos from station cameras after such incidents, said Dale Allen, the lawyer for BART and the five officers.

Comment: Because the issue on BART is often allegations of police misconduct (which might be true or not), it is difficult to understand why BART would have the police be the ones to retrieve the videos. It flies in the face of preservation of evidence imperatives. Fox guarding the hen house.

Written by Burgers Allday

December 6, 2011 at 3:44 pm

Posted in Uncategorized

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